The Authorized Legislation Principle And System Research Of The Basic Law Of Hong Kong

On July 1, 1997, China resumed sovereignty over Hong Kong and founded the Hong Kong Special Administrative Region of the People's Republic of China. Since then the Basic Law of Hong Kong Special Administrative Region of the People's Republic of China begins formal enforcement. Throughout the full text of the Basic Law of Hong Kong which is a total of 160 articles, 13 of them appeared the expressions like “Central authority” or “Conferred power”. Although there are no such expressions in some articles, expressions like Hong Kong should enact its own laws to safeguard national security and can participate the international community activities and sign international agreements in the name of “Hongkong, China”, its court has the right to interpret the all terms with the exception of which defines autonomous range in the Basic Law, etc. are based on the premise of the central authority and established within the limits prescribed by law both authorizing and authorized which is equal to implied authority. “Central authority” keeps repeating in the text of the Basic Law of Hong Kong. This is because our country solve the historical Hong Kong problems through peaceful talks and adopt the policy of “One country, two systems”. Thus, it is necessary to understand the origin of the high autonomy when establish a special administrative region with a high degree of autonomy in Hong Kong. The “Central authority” in the Basic Law is the best answer.The high autonomy of Hong Kong is authorized by the central government,which determines when Hong Kong is exercising the right of high autonomy, it should be based on the “Central Authority” and within the limits prescribed by the Basic Law in the scope and limits of the Basic Law. Since Hong Kong's return to China, the fully enforcement of the Basic Law maintains the stability and prosperity of Hong Kong. However, there are still a lot of problems in the practice of the Basic Law: some people in Hong Kong society are not very clear about the content of the Basic Law and held different opinions. One of the most important reasons is because they didn't understand the “ Central Authority” or even wanted to deny that the nature of the Basic Law is authorized legislation.“Central authority” keeps repeating in the text of the Basic Law of Hong Kong which with no doubt emphasized its importance. But in the practical of the Basic Law,there are a lot of phenomena that to ignore or even deny the authority which caused the misunderstanding of the relationship between Central Government and Special Administrative Region and the high autonomy that Hong Kong enjoys. This affects the stability and prosperity of Hong Kong society. For the above reasons, this paper will analyze the “Central aurhority” problem in details with specific provisions in the Basic Law of Hong Kong and try to figure out where the high autonomy of Hong Kong comes from and to go, what rights have been authorized and how to exercise,what roles the Central Government and Hong Kong SAR government play in this process, etc.